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02-115 Civic Center & Library Phase 1i oil Project No. 2002 -9222 CONTRACT FOR PUBLIC WORKS This CONTRACT made on December 18, 2002 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and FERMA CORPORATION hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. Notice to Contractors, Bid Forms (EXHIBIT A), Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification )corm, Subcontractors Form and Signature Form. b. Standard Specifications, General Provisions, Special Provisions, Technical Specifications, Geotechnical Report Dated November 4, 2002, and Bid Addenda 1 and 2. c. Plans and Specifications for CIVIC CENTER AND LIBRARY PROJECT, PHASE I, DEMOLITION, SALVAGE, RECYLING AND SITE PREPARATION, PROJECT NO. 2002-9222 d. Faithful Performance Bond and Payment Bond. e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. f. This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work of slurry sealing various streets, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, CIVIC CENTER AND LIBRARY PROJECT, PHASE I, PROJECT NO. 2002 -9222 and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Page 1 of 6 Contract 00500 Project No. 2002 -9222 Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Ralph A. Qualls, Jr. 3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done., the sum of $ 420,000.00 (Four Hundred and Twenty Thousand Dollars and no Cents) subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. Unit price # 1 and 2 and the Daily rate of compensation for compensable delays amounts listed in the bid forms shall be used when required for calculation of extra work and compensation for the duration of the project. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with Section 6, paragraph 'T' of the General Provisions. 5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up - without timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans and Specifications or the Contract Documents, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. No extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Page 2 of 6 Contract 00500 Project No. 2002 -9222 &CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties. 9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. TIME FOR COMPLETION. All work under this Contract shall be completed in accordance with the Time for Completion section in the Bid Forms and the Specifications of this project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery cf damages for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving upon it of notice of termination doe,; not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty (30) days from the date of the serving of such notice. CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Page 3 of 6 Contract 00500 Project No. 2002 -9222 appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services rendered and materials furnished in and about the work. City may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY'S Notice to Contractors. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE AVENUE; CUPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to, 1265 Montecito Avenue, Suite 200, Mountain View, CA 94043, postage prepaid and certified.; and (c) if notice is given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in writing to some other material, process or article. offered by CONTRACTOR which is equal in all City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Page 4 of 6 Contract 00500 Project No. 2002 -9222 respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. 17. WORKER'S COMPENSATION INSIURANCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all subcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. In signing this Contract CONTRACTOR makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first - class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one (1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Page 5 of 6 Contract 00500 Project No. 2002 -9222 P.O. No. 21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The alternates chosen would be for any sites currently under construction or to be constructed in the future. IN WITNESS WHEREOF, the parties have -,xecuted this Contract, in duplicate, the day and year first hereinabove written. CIl I: Attest:a - City Cl irk Date: 2 a- ) }9 a0 0 3 City Clerk APPROVED AS TO FO ity Attorney CONTRACTOR: FERMA COR2SPATION -2 By: ROY FERRARI, ESIDENT Notary acknowledgment is required. If a corporation, corporate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation a Social Security No. is required. Social Security # 94- 1592184 Federal Tax I.D. # Contractor's License No. 236337 Project Name & Number: CIVIC CENTER AND ]LIBRARY PROJECT, PHASE I, DEMOLITION, SALVAGE, RECYCLING AND SITE PREPARATION, PROJECT NO. 2002-9222 Contractor's Name & Address: FERMA CORPORATION 1265 MON'TECTIO AVE., SUITE 200 MOUNTAIN VIEW, CA 94043 Contract Amount: $ 420,000.00 Account Number: 420 - 9222 -9300 - $ 357,000.00 420 - 9223 -9300 - $ 42,000.00 420 - 9224 -9300 - $ 21,000.00 File No: 51,203.07 City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Page 6 of 6 Contract 00500 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California SS. County of Santa Clara On January 6, 2003, before me, Shelley D. Clark, Notary Public Date Name and Title of Officer personally appeared Roy Ferrari , Name(s) of Signer(s) SHELLEY D. CLARK Commission # 1338298 l z y Notary Public - Calilbmia Santa Clara County My Comm. Expires Jan 8, 2006 [Y]personally known to me F-1 proved to me on the basis of satisfactory evidence to be the personN whose name is /ake subscribed to the within instrument and acknowledged to me that he /s1a@ /tkey executed the same in his /hXr /thQir authorized capacity(iN), and that by his /h&r /t'hQr s gnature(s, on the instrument the person(s.), or the entity upon behalt of which the person(s4 acted, executed the instrument. WITNESS my hand and official seal. J Place Notary Seal Above Q nature of Notary Public OPTIMAL Though the information below is not required by lay, it may prove valuable to person(s) relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Title or Type of Document: Contract For Public Works (Project No. 2002 -9222) Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Partner ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer if Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here F Project No. 2002 -9222 SECTION 00600 INSURANCE', AND BONDS INSURANCE FO1;V4S INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability /commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Page 1 of 12 Insurance & Bonds 00600 Project No. 2002 -9222 CUPEkTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self - insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's offica -,rs, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall. be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub - contract work, contractual obligations, product or completed operations, all owned vehicles and non -owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A, Class VII or better. LIMITS Worker's Compensation In accordance with the Worker's Compensation & Employers' Liability Act of the State of California — Worker's comp — "statu tory" per CA Law; Employers' Liability — $1,000,000 per occurrence. City of Cupertino Insurance & Bonds Civic Center & Library Project — Phase I 00600 November 8, 2002 Page 2 of 12 Project No. 2002 -9222 General Liability - commercial general liability; Combined single limit of $1.0 million per including provisions for contractual liability, occurrence; $2.0 million in the aggregate. personal injury, independent contractors and products — completed operations hazard. Automobile Liability - comprehensive covering Combined single limit of $1.0 million per owned, non -owned and hired automobiles. occurrence. Consultants only: Errors and Omissions liability. $1.0 million per occurrence. FERMA CORPORATION _ -- (Contractor's Name) R RA :-_PIRU kESIDENT Dated_: DECEMBER 20 02 City of Cupertino Insurance & Bonds Civic Center & Library Project — Phase I 00600 November 8, 2002 Page 3 of 12 Project No. 2002 -9222 0 CUPEkTINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Insured: .FPrma Corporation Address: 1265 Montecito Avenue Mountain View, CA 94043 Description of operations/locations /products insured (show contract name and/or number, if any): Givle Gen-ter -and - Library Project, Phaac+ 1 Demolition, Salvage, Recycling and Site Preparation Project No: 2002-9222 WORKER'S COMPENSATION * Statutory Min. * Employer's Liability (name of insurer) Insurance Company's State License No. Check Policy Type: Each Occurrence $ 1, 000, 000 COMPREHENSIVE GENERAL LIABILITY [ ] Premises /Operations [ ] Owners & Contractors Protective [ ] Contractual for Specific Contract [ ] Products Liability [ ] XCU Hazards [ ] Broad Form P.D. [ ] Severability of Interest Clause General Aggregate (if applicable) Aggregate -p /co Personal Injury 2,000,000 ��� IT 419000;000 Fire Damage (any one fire) $ 100_,000 [ ] Personal Injury with Medical Expense $ 5,000 Employee Exclusion Removed (any one person) or Self- Insured COMMERCIAL GENERAL LIABILITY Retention $ Zurich American Insurance Comnanv Policy No. GL05397195 -00 City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 (name of insurer) Page 4 of 12 Expiration Date * 1/10/04 Insurance & Bonds 00600 AUTOMOTIVENEHICLE LIABILITY BODILY INJURY Commercial Form Each Person Liability Coverage Clarendon. National Ins. Co. Each Accident (name of insurer) Combined Single Limit Policy No. PA10104765 Expiration Date 8/28/03 Project No. 2002 -9222 PROPERTY DAMAGE Each Accident Loa $ 1,000,000 A copy of all Endorsements to the policy(ies) which in any way (agent's initial) limit the above - listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreement between the City and the insured. By: Dated: January 10, 2003 Attach Certificate of Insurance and Additional Insured Endorsement on company forms. City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Page 5 of 12 Insurance & Bonds 00600 Project No. 2002 -9222 CUPEkTINO ADDITIONAL INSURED ENDORSEMENT and ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION! ENDORSEMENT Project Title and Number: Civic Center & Library Demolition No: 2002 -9222 In consideration of the policy premium and notwithstanding any inconsistent statement in the polio to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed a: follows: The City of Cupertino ( "City ") and its directors, officers, engineers, agents and employees and all public agencies from whom permits will be obtained and their directors, officers, engineers agents and employees are hereby declared to be additional insureds under the terms of this policy . but only with respect to the operations of the Contractor at or upon any of the premises of the Cit3 in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon. to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ( "City "). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Company: 7„rirh AmPri an Tns urance_ Co. 2. Insurance Policy Number: GLO5397195 -00 3. Effective Date of this Endorsement: January 10 I. Insured:. Ferma Corporation 03 All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall be hailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, T yn Rowers (print/type name) City of Cupertino Insurance & Bonds Civic Center & Library Project — Phase 1 00600 November 8, 2002 Page 6 of 12 Project No. 2002 -9222 warrant that I have auth(- _Y to bind the below listed Insurance )mpany and by my signature hereon do so bind this Company. Signature of Authorized Representative: . YO � o- (Original signature required on all Endorse ents furnished to the District) Names of Agent/Agency: Gallagher Construction Seniices Title: Account Executive Address: 580 California Street, 12th - Floor 415- 391 -1500 Telephone: San. Francisco, CA 94104 Facsimile: 415- 391 -1551 City of Cupertino Civic Center & Library Project - Phase I November 8, 2002 Page 7 of 12 Insurance & Bonds 00600 Project No. 2002 -9222 COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROJECT Project Title and Number: Civic Center & Library Demolition, No: 2002 -9222 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below- referenced policy of insurance. . The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as above POLICY INFORMATION 1. Insurance Company: Zurich American Insurance Company 2. Insurance Policy Number: GL05397195 -00 3. Effective Date of this Endorsement: _ranuary 10, 200-- 4. Insured: Ferma Corporation 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, i yn Bowers (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorse ents furnished to the District) Names of Gallagher Construction Services Account Executive Agent/Agency: _ Title: Address: 580 California St.a 12th F1 nor _ Telephone: 415 San Francisco, CA 94104 Facsimile: 415 -i91 -1551 City of Cupertino Civic Center & Library Project - Phase I November 8, 2002 Page 8 of 12 Insurance & Bonds 00600 Project No. 2002 -9222 0 CUPEkTINO WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE Project Title and Number: C -� �� �% � (-`y In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above - referenced Contract. POLICY INFORMATION 1. Insurance Company: S � �> r-i 2. Insurance Policy Number: t :[A-- 3. Effective Date of this Endorsement: 20 4. Insured: All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, W i (-IL- l A X\ L "o le L_ 0 t N 6 (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized R �✓`z g Representative: Gam" (Original signature required on all Endorsements furnished to the Dist ' ) Names of Agent/Agency: Address: �` �� C � ��3 `rD 9 City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Page 9 of 12 Title: I C S Telephone: Facsimile: 61 Insurance & Bonds 00600 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION N S U R A N C E FUND CERTIFICATE OF WORKERS' CORAPENSATION INSURANCE DECEMBER 20, 2002 POLICY NUMBEPS71 -02 UNIT 0006143 CERTIFICATE EXPIREJO -1 -03 CITY OF CUPERTINO ATTN: BUILDING DEPT 10300 TORRE AVENUE CUPERTINO CA 95014 JOB: PROJECT: 20029222 FERMA REF: F/C 4596D This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subjj�ect to cancellation by the Fund except upo3�en days' advance written notice to the employer. We will also give yot 7 EN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any ,requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE: PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE (A)STS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 12/18/02 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF CUPERTINOi ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERSINOTICE EFFECTIVE 10/01102 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 12/18/02 IS ATTACHED TO AND FORMS A FART OF THIS POLICY. THIRD PARTY NAME: CITY OF CUPERTINO EMPLOYER FERMA CORPORATION 1265 MONTECITO AVE STE 200 MOUNTAIN VIEW CA 94043 a (� 12] -M' BOND NO. 103928765 Project No. 2002 -9222 FAITHFUL PERFORMANCE BOND PREMIUM: $6,804.00- - KNOW ALL MEN BY THESE PRESENT: THAT WE, F RMA CORPORATION as Principal, (contractor's name) and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA as Surety, (bonding company's name) are held and firmly bound unto the City of Cupertino, State of California, in the sum of FOUR HUNDRED TWENTY THOUSAND AND 00/100 ----------------- %k20,000.00 - -) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, the Principal has entered into a contract with the City dated D e c emb e r 18 20 0 2 with the obligee to do and perform the following work to -wit: CIVIC CENTER AND LIBRARY PROJECT, PHASE I DEMOLITION, SALVAGE, RECYCLING AND .SITE PREPARATION NOW, THEREFORE, if the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrumerit has been duly executed by Principal and Surety this a,-d1 day of _ Twa -mUER 120---02 (To be signed by Principal and Surety, Notary acknowledgment required) CONTRACTOR_ FERMA CORPORATION ROY FERRARI PR Principal TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety Street Address: 580 CALIFORNIA ST., #1200, City, State, Zip SAN FRANCISCO, CA 94104 By: - -- Attorney -In -Fact STEVEN N. PASSERINE The above bond is accepted and approved this __day of , 20_. City of Cupertino Insurance & Bonds Civic Center & Library Project —'Phase I 00600 November 8, 2002 Page 10 of 12 STATE OF California _ SS. COUNTY OF San Francisco _ On DEC 2 3 2112 , before me, Antoinette D. Mitchell PERSONALLY APPEARED STEVEN N: PASSERINE personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatu G/ nett6 D. Mitchell OPTIONAL �he!GIl D, MITCHELL N Fi CC!MM, # 1245227 0 cr a, NOT-HYPUBLIC - CALIFORNIA Ln U a 6A FHANCISCO COUNTY W 1 A Conan ExPires December i0, 2003 I� This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(5) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev. 6194 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL - PURPOSIE ACKNOWLEDGMENT State of California SS. County of Santa Clara On January 6, 2003, before me, Shelley D. Clark, Notary Public Date Name and Title of Officer personally appeared Rov Ferrari , Name(s) of Signer(s) [j] personally known to me ❑ proved to me on the basis of satisfactory evidence �r ° to be the person( whose name is /Ke subscribed to SHELLEY D. CLARK the within instrument and acknowledged to me that Commission i 1338298 Z he /shQ /t y executed the same in his /t1kr /th&ir Z -w Notary Public - California > authorized capacity(iN), and that by his /her /tftir Santa Clara County signature(s),on the instrument the person ft or the QW a& — My Comm. Expires Jan 8, 2006 entity upon behalt of which the person(N acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Sig , ure of Notary Public OPTIONAL Though the information below is not required by lay, it may prove valuable to person(s) relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Title or Type of Document: Faithful Performance Bond Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Partner ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer if Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here BOND NO. 1039287A5 PAYMENT BOND KNOW ALL MEN BY THESE PRESENT: Project No. 2002 -9222 PREMIUM INCLUDED IN PERFORMANCE BOND. WHEREAS, the City of Cupertino, Stale of California, and FERMA CORPORATION hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of CIVIC CENTER AND LIBRARY PROJECT. PHASE T, PROJECT NO _2002 -9222 more particularly described in said contract; and incorporated herein by reference. WHEREAS, said principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, WE, FERMA CORPORATION (contractor's name) as Principal, and TRAVELERS CASUALTY AND SURETY CGHPANY OF AMERICA as Surety, (bonding company's name) firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of FOUR HUNDRED THENTY HOUSAND AND 00/100. THE CONDITION OF THIS OBLIGA'T'ION IS SUCH THAT if said principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Page 11 of 12 Insurance & Bonds 00600 Project No. 2002 -9222 And the said SL_, ty, for value received, hereby stipul,...;s, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this 23rd day of DECEMBER f 20 02 (To be signed by Principal and Surety. Notary acknowledgments required.) CONTRACTOR FERMA CORPORATION ROY FERRARI, PRESIDENT Principal TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety Street Address: 580 CALIFORNIA ST., #1200 City, State, Zip SAN FRANCISCO, CA 94104 f B Attorney -In -Fact STEVEN N. PASSERINE The above bond is accepted and approved this --day of , 20_. City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Page 12 of 12 Insurance & Bonds 00600 STATE OF Califomia _ SS. COUNTY OF San Francisco On DEC 2 3 2 002 , before me, Antoinette D. Mitchell PERSONALLY APPEARED STEVEN N: PASSERINE personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(tes), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Z OPTIONAL This area for Official Notarlal Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT At`' , `s TTE D. MIT �F t "�' r U �a -ALL C �. � NIA *,+ ; w �� U COUNTY N �� " ' �smba 10, 2003 This area for Official Notarlal Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Cynthia L. Lewis, Jack M. Woodruff, Janet C. Rojo, Scott Whiteside, Susan Hecker, Swan Lee, Terry J. Moughan, Thomas J. Gallagher, Susan Ezline, Steven N. Passerine, Tyler J. Kannon, Jeffrey W. Parkhurst, Laura L. Plaisant, Antoinette D. Mitchell, Wellington So, of San Francisco, California, their true and lawful Attorneys) -in Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, reeognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any. Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted.by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA; TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other- writings obligatory in the nature thereof, and any such power of attorney or certificate bearing'such facsimile signature or facsimile seal shall be v.did and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California SS. County of Santa Clara On January 6, 2003, before me, '�:;helley D. Clark Notary Public Date Name and Title of Officer personally appeared Rov Ferrari Name(s) of Signer(s) NOMYSHELLEY D. CLARK`� Commission # 1338298 Notary public - California Santa Clara County Comm. Expires Jan 8, 2006 Place Notary Seal Above ®personally known to me ❑proved to me on the basis of satisfactory evidence to be the person(N whose name is /fie subscribed to the within instrument and acknowledged to me that he /she /thQy executed the same in his /heir /ftir authorized capacity(, and that by his /hbrltNir signature(s) on the instrument the person(sA , or the egtity upon behalt of which the person(q acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Sig re of Notary Public Though the information below is not required by lay, it may prove valuable to person(s) relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Title or Type of Document: Payment Bond Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Partner ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer if Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here SECTION 00400 FOR: Project No. 2002 -9222 CITY OF CUPERTINO CIVIC CENTER AND LIBRARY PROJECT PHASE 1 DEMOLITION, SALVAGE, RECYLINGAND SITE PREPARATION CUPERTINO,CA 95014 -3202 November 8,2002 Office of the City Clerk City of Cupertino, City Ball 10300 Torre Avenue, Cupertino, CA 95014 BID FROM: FERMA CORPORATION (Name of Firm Submitting Bid) 1265 MONTECITO AVENUE, SUITE 200 (Address) MOUNTAIN VIEW, CALIFORNIA 94043 (City) (State) (Zip Code) (650) 961 -2742 (Telephone Number) DECEMBER 10, 2002 (Date Bid Submitted) Note: All portions of these Bid Forms must be completed and signed before the Bid is submitted. Failure to do so will result in the Bid being rejected as non - responsive. City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Page 1 of 10 Bid Forms 00400 U-1 Project No. 2002 -9222 1.0 BIDDER'S REPRESENTATIONS Bidder, represents that a) it has the appropriate ,active Contractor's license required by the State of California; b) it has carefully read and examined the Bidding Documents for the proposed Work on this Project; c) it has examined the site of the proposed Work and all Information Available to Bidders; d) it has become familiar with all the conditions related to the proposed Work, including the availability of labor, materials, and equipment. Bidder hereby offers to furnish all labor, materials, equipment, tools, transportation, and services necessary to complete the proposed Work on this Project in accordance with the Contract Documents for the sums quoted. Bidder further agrees that it will not withdraw its Bid within f601 days after the Bid Deadline, and that, if it is selected as the apparent lowest responsive and responsible Bidder, that it will, within 10 working days after receipt of notice of selection, sign and deliver to the City the Contract in triplicate and furnish to The City all items required by the Bidding Documents. If awarded the Contract, Bidder agrees to complete the proposed Work within 134 calendar days after the date of commencement specified in the Notice to Proceed. If not complete the Contractor shall pay liquidated damages to the City of Cupertino in the sum specified in the Special Provisions. This amount of liquidated damages shall be deducted by the City from monies due from the Contractor hereunder, or the Contractor's assigned, successors and sureties shall be liable to the City for any excess. 2.0 ADDENDA Bidder acknowledges that it is Bidder's responsibility to ascertain whether any Addenda have been issued and if so, to obtain copies of such Addenda from Peninsula Digital Imaging at 599 Fairchild Drive, Mountain View, CA 94043, phone 650- 967 -1966. Bidder therefore agrees to be bound by all Addenda that have been issued for fl us Bid. 3.0 AWARD The City of Cupertino reserves the right to unilaterally determine and award the contract to the lowest responsible bidder except as otherwise provided in chapter 3.23 of the City Municipal Code. Which allows for rejection of any and all bids, or to waive any irregularities in the procedures. The City reserves the right to award the base bid plus any, all or none of the add alternative bid items. The Contractor also understand that the quantities shown below are estimated estimates only, . being given as a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of work deemed unnecessary by the Engineer. City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Page 2 of 10 Bid Forms 00400 Project No. 2002 -9222 4.0 LUMP SUM BASE BID — PHASE 1 DEMO_ LITION, SALVAGE, RECYCLING AND SITE PREPARATION o (Place figures in appropriate boxes.) 5.0 UNIT PRICES - The quantities set forth in the unit prices are estimates. The City does not represent that the actual quantity of any unit price item will equal the estimated quantity stated below. Unit Price # 1- Price per cubic yard of Engineered fill (95 %compaction), including all labor, equipment and material, for unforeseen circumstances per the guidelines in the Treadwell and Rollo Geotechnical Report dated November 8,2002(unit prices shall be held for quantities ranging from 1- 500Cy). 150 Cubic yards as specified in 02300 Earthwork (Estimated Quantity and Units) (Specifications Section) $ * * * * 2 0 Fo� 7o per cubic yard x 150 = $ 3,000.00 Unit Price # 2 - Price per cubic yard of removal and disposal of miscellaneous concrete removal, including all labor, equipment'and material, for unforeseen circumstances as outlined in the project specifications. (Unit prices shall be held for quantities ranging from 1 -500 Cy) 100 Cubic yards , as specified in 02220 & 02221 (Estimated Quantity and Units) (Specifications Section) $ * * * * 31:31. Fo I o ] Per cubic yard x 100 = $ 3,500. 00 (Place unit price figures in appropriate boxes.) 6.0 DAILY RATE OF COMPENSATION FOR COMPENSABLE DELAYS Bidder shall determine and provide in the space: below, the daily rate of compensation for any compensable delay caused by city at any time during the performance of the Work: $ * * 5 0 0 0 0 X 5 Days Multiplier =$ 2,500.00 (Place figures in appropriate boxes.) City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Page 3 of 10 Bid Forms 00400 Project No. 2002 -9222 The daily rate shown above will be the total arriount of Contractor entitlement for each day of compensable delay. The number of days of compensable delay shown as a "multiplier" above is not intended as an estimate of the number of days of compensable delay anticipated by the City. The City will pay the daily rate of compensation only for the actual number of days of compensable delay, as defined in the General Conditions; the actual number of days of compensable delay may be greater or lesser than the "multiplier" shown above. 6.1 TOTAL BID PRICE — (Place figures in appropriate boxes.) To determine Total Bid, Bidder will calculate an amount, which will equal the sum of the Lump Sum Base Bid (Item 4.0 above) plus Unit Prices multiplied by the respective estimated quantity listed (Item 5.0 above), plus the amount of daily rate for compensable delay multiplied by the multiplier listed (Item 6.0 above). The Contract will then be awarded to the lowest responsible Bidder submitting the lowest Total Bid so calculated, or else all bids will be rejected. . 8.0 LIST OF SUBCONTRACTORS Bidder will use Subcontractors for the Work: Yes x No If yes, provide on the form attached the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the state of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of 1/2 of 1 percent of the prime contractor's total bid, (b) the portion of the work which will be done by each subcontractor. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in its bid. Bid Forms City of Cupertino 00400 Civic Center & Library Project — Phase I November 8, 2002 Page: 4 of 10 Project No. 2002 -9222 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I, the undersigned, being first duly swom, depose: and say that I am SECRETARY /TREASURER Of FERMA CORPORATION (Business Title) (Business Name) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to -any member or agent thereof to effectuate a collusive or sham bid. City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 LARRY FE RI SECRETARY /TREASURER D EMBE 10, 2002 DATE Page 6 of 10 Bid Forms 00400 Project No. 2002 -9222 BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for 39 years. Our experience in work comparable with that required by the proposal contract is 39 years operating under the following different naine(s). FERMA CORPORATION My California Contractor's License Number is 236337 The classification of my Contractor's License is A,ASB , C21, HAZ , C57 , HIC The expiration date for my Contractor's License is 09/30/04 * (This Section for City use only) / * The above information has been verified by �Q'/'�if�/% L -�//i� c1,4 on W9,- Y?ber- /o, ZDD 2 * Contractors State License Board (800) 321 -2752 or (408) 277 -1244. Where federal funds are involved, no bid subrrtitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Page 7 of 10 Bid Forms 00400 Project No. 2002 -9222 BIDDER HISTORY OF WORK The following is an example of work similar in character to that required in the proposed contract which our organization or personnel in our organization has completed within the past three (3) years. For Whom Contact Year Location Type of Work Performed Phone No. Amount PLEASE SEE ATTACHED. City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Page 8 of 10 Bid Forms 00400 � I FERMA CORPORATION BIDDER HISTORY OF WORK Agnews State Hospital Abatement, Demolition and Paving 4001 Lafayette Street, Santa Clara, California Rudolph & Sletten, Inc. Dennis Giles (650) 572 -1919 Completed: 12/00 Amount: $9,200,000.00 Pacific Shores Deepwater Slough Mitigation, Site Preparation, Demolition and Earthwork Pacific Shores Center, End of Seaport Boulevard, Redwood City, California Rudolph & Sletten, Inc. Pat Morrissey (650) 572 -1919 Completed: 12/01 Amount: $10,100,000.00 Guadalupe College Abatement and Demolition 17975 Foster Road, Los Gatos, California McCarthy Co., LLC Joe McCarthy (408) 262 -3663 Completed: 11/01 Amount: $1,999,200.00 DeYoung Museum Abatement and Demolition 50 Tea Garden Drive, San Francisco, California Swinerton Builders Rich Graziano (415) 617 -1452 Completed: 06/02 Amount: $853,040.00 Alameda Naval Air Base Housing Abatement, Demolition and Paving 300 Atlantic Avenue, Alameda, California Catellus Commercial Development Corporation Bill Kennedy (510) 267 -3410 Completed: 10/02 Amount: $6,779,665.00 1265 Montecito Avenue, Suite 200 - Mountain View, CA 94043 -4506 - (650) 961 -2742 Estimating Fax (650) 968 -3945 - Accounting Fax (650) 961 -0967 Project No. 2002 -9222 SUBCONTRACTOR'S FORM The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of one -half of one percent (0.5 %) of the total bid are listed below. Only those listed below shall perform work on this project and each of them has been provided with a full and complete set of plans and specifications for this project by the bidder. 1. Name EGGLI LANDSCAPE CONTRACTORS, INC. Contractor's License No. 592803 Address & phone no. 21 STEIN AM RHEIN COURT, REDWOOD CITY, CA 94063 (650) 369 -0303 Work to be Performed IRRTc'ATION 2. Name Address & phone no, Work to be performed 3. Name Address & phone no. Work to be performed 4. Name Address & phone no. Work to be performed 5. Name Address & phone no. Work to be performed 6. Name Address & phone no. Work to be performed City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 Contractor's License No. Contractor's License No. Contractor's License No. Contractor's License No. Contractor's License No, Page 9 of 10 Bid Forms 00400 Project No. 2002 -9222 BIDDER'S SIGNATURE FORM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO- PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO- PARTNERS COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETA ,Y- TREASURER, AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF NAME OF BUSINESS CORPORATION BUSINESS FERMA CORPORATION CORPORATION:FERMA CORPORATION — ROY FERRARI, PRESIDENT; LARRY FERRARI, SECRETARY / TREAT CO- PARTNERSHIP: INDIVIDUAL: JOINT VENTURE: OTHER: Name and Signature of Bidder Date: DECEMBER 10;, 2002 Address (mailing & location): 1265 MONTECITO AVENUE, SUITE 200 MOUNTAIN VI33W, CALIFORNIA 94043 (ADDRESS FOR MAILING & LOCATION THE SAME) Telephone Number: (650) 961 -2742 Acknowledgment of all addenda received is required by circling each addendum number. 1 O2 3 4 5 Attendance of Mandatory Pre -Bid Meeting: City of Cupertino Civic Center & Library Project — Phase I November 8, 2002 6 7 8 9 10 �L YES NO Page 10 of 10 Bid Forms 00400 CONTRACT FOR PUBLIC WORKS This CONTRACT made on January 17, 2003 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and FERMA CORPORATION hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. The Plan for the LIBRARY HAZARDOUS MATERIAL REMOVAL PROJECT, sheet numbers A 2.10, 2.11 and 2.12 as prepared 011and East and Duvivier b. City's General Provisions, Caltrans Standard Specifications, July 1992 edition, and the January 2, 2003 Macs Lab Incorporated Report c. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. d. This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the com]'lete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work of slurry sealing various streets, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, LIBRARY HAZARDOUS MATERIAL REMOVAL PROJECT and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative far the purpose of this Contract the Engineer, Mr. Ralph A. Qualls, Jr. ORIGINAL Page 1 of 15 3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the estimated total sum of $ 35,000.00( Thirty Five Thousand Dollars and no Cents) the actual total amount paid will be based on agreed upon quantities and paid at the unit price bid as specified in FERMA's proposal dated January 14, 20003. The total amount paid is subject to additions and/or deductions as provided in the Contract Documents and Caltrans Standard Specifications, July 1992 edition, and per unit prices listed in Exhibit A attached hereto. A change order will be issued for any changes to the estimated total sum. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with Section 6, paragraph 'T' of the General Provisions. 5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans and Specifications or the Contract Documents, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. No extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. Page 2 of 6 CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties. 9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. TIME FOR COMPLETION. All work under this Contract shall be completed in a workman like manner and once the contractor starts work may not pull off the project without City approval. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or by dielay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving upon it of notice of termination doe3 not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty (30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. Page 3 of 5 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services rendered and materials furnished in and about the work. City may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY'S Notice to Contractors. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE AVENUE; CUPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to, 1265 Montecito Avenue, Suite 200, Mountain View, CA 94043 , postage prepaid and certified; and (c) if notice is given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. Page 4 of 6 17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all subcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. In signing this Contract CONTRACTOR makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is. a separate bid item, obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before: acceptance. 20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first - class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one (1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. Page 5 of 6 P.O. No. 21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The alternates chosen would be for any sites currently under construction or to be constructed in the future. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUP RTINO: By: 1.23.03 City Manager Attest: e,w City C rk Date: / ' a -3 -6 3 , 19 City Clerk APPROVED AS TO City CONTRACTOR: FERMA CORPORATION ROY FER RESIDENT Notary acknowle g ent is required. If a corporation, corporate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation a Social Security No. is required. Social Security # 94- 1592184 Federal Tax I.D. # Contractor's License No. 236337 Project Name & Number: LIBRARY HAZARDOUS MATERIAL REMOVALPROJECT Contractor's Name & Address: FERMA CORPORATION 1265 MONTECTIO AVE., SUITE 200 MOUNTAIN VIEW, CA 94043 Contract Amount: $ 35,000.00 Account Number: 420 - 9222 -9300 File No: 51,203.07 Page 6 of 5 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California SS. County of Santa Clara On January 20, 2003, before me, Shelley D. Clark, Notary Public Date Name and Title of Officer personally appeared Roy Ferrari Name(s) of Signer(s) _77 SHELLEY D. CLARK Commission # 1338298 z Notary Public - California i Santa Clara County My Comm. Expires Jan 8, 2006 ®personally known to me ❑proved to me on the basis of satisfactory evidence to be the personal whose name is /tee subscribed to the within instrument and acknowledged to me that he /spb /tt}ey executed the same in his /W /tWr authorized capacity(iiee), and that by his /IMF /tpedir signatureX) on the instrument the person(6), or the entity upon behalt of which the person(g) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Sig ture of Notary Public OPTIONAL Though the information below is not required by lay, it may prove valuable to person(s) relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Title or Type of Document: Contract for Public Works Document Date: 1/17/03 Number of Pages: (� Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Partner ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer if Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here EXHINT YP' n January 14, 2003 f/c4596D.002 Nova Partners, Inc. 307 Town & Country Village Palo Alto, California 94301 Attention: Mr. David Marks RE: Cupertino Civic Center & Library Demolition Project No. 2002 -9222 Asbestos Abatement Dear Mr. Marks: As per your request, Ferma Corporation is pleased to quote a not to exceed price and square foot price for abatement of the carpet and floor tiles as listed in the MiICS Labs Incorporated Asbestos Report prepared for the City of Cupertino dated January 2, 2003. J1 !OD 9 3ri°� r i /4,Jn3 Our not to exceed price for the above described work is $1, Please find below our unit prices. Removal and disposal of carpet $0.23/SF Removal and disposal of carpet glue $1.04 /SF Removal and disposal of the VAT glue $1.04 /SF Removal and disposal of plywood and associated carpet glue $1.09 /SF Removal and disposal of pipe fittings $17.25 /each Exclusions: All other hazardous materials not included in the Macs Labs report Thank you for the opportunity to quote this project. If you have any questions please do not hesitate to call our office. Sincerely, Ferma Corporation y"I" -1 - Nasir Aziz 1r) NA:sdc 1265 Montecito Avenue, Suite 200 - Mountain View, CA 94043 -4506 - (650) 961 -2742 Accounting Fax (650) 961 -0967 • Engineering Fax (650) 966 -9625 Demolition /Administration Fax (650) 968 -3945 INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS -;SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability /commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. Insurance Instructions 1 CITY OF CUPERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self - insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub - contract work, contractual obligations, product or completed operations, all owned vehicles and non -owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. 4naurers must be licensed to do business in the - -State of California-.- The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A, Class VII or better. LIMITS Worker's Compensation In accordance with the Worker's Compensation & Employers' Liability Act of the State of California — Worker's comp — "statutory" per CA Law; Employers' Liability — $1,000,000 per occurrence. Insurance Agreement Page 1 of 2 General Liability - commercial general liability; Combined single limit of $1.0 million per including provisions for contractual liability, occurrence; $2.0 million in the aggregate. personal injury, independent contractors and products — completed operations hazard. Automobile Liability - comprehensive covering Combined single limit of $1.0 million per owned, non -owned and hired automobiles. occurrence. Consultants only: Errors and Omissions liability. $1.0 million per occurrence. FERMA CORPORATION (Contractor's Name) PRESIDENT Dated: JANUAR 2003 Insurance Agreement Page 2 of 2 CITY of CUPEkTINO CERTIFICATE OF INSURANCE; TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Insured: Ferma Corporation Address: 1265 Montecitio Ave., Suite 200 Mountain View, CA 94043 -4506 Description of operations/locations /products insured (show contract name and/or number, if any): Library Hazardous Material Removal Project WORKER'S COMPENSATION * Statutory Min. * Employer's Liability (name of insurer) Insurance Company's State License No. ------- -------------------------------------------------------------------- ------------------------------------------------------------- Check Policy Type: Each Occurrence $ 1,000,000 COMPREHENSIVE GENERAL LIABILITY [x ] Premises /Operations General Aggregate $ 9 ,nnn , nnn (if applicable) [ x] Owners & Contractors Protective [ ] Contractual for Specific Contract [ X] Products Liability [ x] XCU Hazards [g ] Broad Form P.D. [X ] Severability of Interest Clause Aggregate Personal Injury Fire Damage (any one fire) $ 50,000 [ ]d Personal Injury with Medical Expense $ Employee Exclusion Removed (any one person) or Self- Insured COMMERCIAL GENERAL LIABILITY Retention $ 25,000 Steadfast Insurance _ Policy No. SC03691656 -01 (name of insurer) Expiration Date, Certificate of Insurance Agreement Page 1 of 2 10/01/03 AUTOMOTWENEHICLE LIABILITY Commercial Form Liability Coverage Clarendon National (name of insurer) (Policy No.PA10104765 BODILY INJURY PROPERTY DAMAGE Each Person ' Each Accident Each Accident or Combined Single Limit $1,000,000 Expiration Date 8/28/03 `t& A copy of all Endorsements to the policy(ies) which in any way (agent's initial) limit the above - listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein, Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreement between the City and the insured. By: O��""J. Dated: January 20 20m— Attach Certificate of Insurance and Additional Insured Endorsement on company forms. Certificate of Insurance Agreement Page 2 of 2 (m CITY of CUPEkTINO ADDITIONAL INSURED ENDORSEMENT and ENDORSEMENT OF PF:IMARY INSURANCE and NOTICE OF POLICY CANCELLATION ]ENDORSEMENT Project Title and Number: Library Hazardous; Material Removal Project In consideration of the policy premium and notwitl:istanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ( "City ") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ( "City "). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Company: Steadfast Insurance 2. Insurance Policy Number: SC03691 656 -01 3. Effective Date of this Endorsement: January 20 20m- 4. Insured: - Ferma Corporation Additional Insured and Primary Insurance and Notice of Cancellation Endorsement Page I of 2 All notices herein provided to be given by the Insurance" Company to the City in connection with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Gloria Padilla (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative:__\a�LV.O„ (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Gallagher Construction Services Title: Account Assistant Address: _580 California st Telephone: 1115 391 _150,0 San-Francisco. CA 94104 Facsimile: 41 S -441 7 g,g9 Additional Insured and Primary Insurance and Notice of Cancellation Endorsement Page 2 of 2 sl� CITY OF CUPEkTINO COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROJECT Project Title and Number: Library Hazardous: Material Removal Project In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part the below- referenced policy of insurance. The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as Library Hazardous Material Removal Project POLICY INFORMATION 1. Insurance Company: Steadfast Insurance 2. Insurance Policy Number: SC036916 3. Effective Date of this Endorsement: January 20 2003 4. Insured: Ferma Corporation 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Gloria Padilla (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Gallagher Construction Services Address: 580 California Street San Francisco, CA 94104 Title: Account Assistant Telephone: 415 391 1500 Facsimile: 415 391 1882 Aggregate Limits Endorsement Page 1 of 1 auT� OF CUPERTINO WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE Project Title and Number: C In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above - referenced Contract. POLICY INFORMATION 1. Insurance Company: S� v--� r_s�> 2. Insurance Policy Number: !a-_7 ( -4 (" � �4 -3 3. Effective Date of this Endorsement: b-) �- 20 4. Insured: (--e>yZPe' A All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Lti (Z-7 �- � ^� U" (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Title: Address: (�� � 5��,� �iA G C l O Telephone: 7( 2 L V\ >S-P `� �? Facsimile: i Z Aggregate Limits ;Endorsement Page 1 of 1 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COIAPENSATION INSURANCE JANUARY 21, 2003 571 -02 UNIT 0006143 POLICY NUMBEf�;O-1 -03 CERTIFICATE EXPIRES: CITY OF CUPERTINO ATTN: BUILDING DEPT. 10300 TORRE AVENUE CUPERTINO CA 95014 JOB: LIBRARY HAZARDOUS MATERIAL REMOVAL` #2002 -7222 L_ NGDO This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy b,a cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. 1�� Ae�4-v-�- AUTHORIZED REPRESENTATIVE- - PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 10/01;02 IS ATTACHED TO AND FORMS `A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF CUPERTINO EMPLOYER FERMA CORPORATION 1265 MONTECITO AVE #200 MOUNTAIN VIEW CA 94043 ? <E�12] -M STATE COMPENSATION INSURANCE FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME WAIVER OF SUBROGATION ENDORSEMENT AGREEMENT POLICY #571 -02 UNIT 0006143 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF CUPERTINO WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, FERMA CORPORATION IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. OR EXTE Y E POLICY R T AS N HELD TO R, E LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: AUTHORIZED REPRESENTATIVE rrlr rnor'. if)jl-� n r\, �.rp' E EDT Y, ALTER, WAIVE TATIONS OF THIS "E S OLICY SHALL BE IT AGREEMENTS OR 2570 PRESIDENT